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Real Estate Law

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The home we rent was damaged in the Ventura fire last week.

The home we rent...

The home we rent was damaged in the Ventura fire last week. Fortunately my family are safe, and the structure of the home was saved. There is significant damage on the outside of the houe (deck, terrace, landscape, outdoor furniture. Also there is significant smoke and soot damage on the inside of the house. We have communicated all details with the local property management company, who have been helpful in relaying the information to the homeowner, who lives out of state.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

However, there has been no communication from the homeowner or his insurance company regarding cleanup and damage repair. This is in the state of CA

Lawyer's Assistant: Has any paperwork been filed?

We filed paperwork with our renters insurance company (USAA), but they cannot start cleaning our personal belongings until the outside and the walls and carpets are cleaned up.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Other homeowners in our street have all started working with their insurance companies and contractors to start cleanup and repair.

Since we have made several attempts to get in touch with the homeowner via the property manegement company, can we hire repair and cleanup contractors and deduct the cost from next month’s rent checks?

You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.

By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).